First Amendment: Matter of Macula v. Board of Education 

By Daily Record Staff
POSTED: July 19, 2010
Tags: Appellate Division, Decision of Interest, First Amendment, Fourth Department, schools, status as non-public forums

Appellate Division, Fourth Department
First Amendment
Schools — Status as Non-Public Forums
Matter of Macula v. Board of Education
275
Article 78 Proceeding; Supreme Court, Livingston County
Background: The petitioner, a professor at SUNY Geneseo who had children attending Geneseo High School, commenced a CPLR Article 78 proceeding seeking to annul a determination denying his request to set up a “truth-in” [...]

SORA: People v. Goossens  

By Daily Record Staff
POSTED: July 14, 2010
Tags: Appellate Division, Case Digests, Fourth Department, SORA

Appellate Division, Fourth Department

SORA
Downward Departure
People v. Goossens
KA 07-02565
Appealed from Livingston County Court
Background: The defendant challenged his adjudication as a Level 3 (high risk) offender under SORA. He was convicted of having sexual intercourse at the age of 21 with a female aged 15.

Ruling: The order is modified by reducing to SORA Level 2. The [...]

Civil Commitment: State v. Campany  

By Daily Record Staff
POSTED: July 14, 2010
Tags: Appellate Division, Case Digests, civil commitment, Fourth Department

Appellate Division, Fourth Department
Civil Commitment
Effective Assistance
State v. Campany
CA 09-00375
Appealed from Supreme Court, Lewis County
Background: A repeat sex offender was the subject of a civil commitment proceeding under Mental Hygiene Law Article 10 for involuntary commitment. He appealed the jury’s finding that he was a dangerous sex offender requiring confinement. The principle issue on appeal concerned [...]

Family Court: Matter of Saunders v. Hamilton 

By Daily Record Staff
POSTED: July 14, 2010
Tags: Appellate Division, Case Digests, Family Court, Fourth Department

Appellate Division, Fourth Department

Family Court
Jurisdiction — Out-of-State Orders
Matter of Saunders v. Hamilton
908.1
Appealed from Family Court, Livingston County
Background: The appeal is from an order in a proceeding pursuant to Family Court Act Article 6, which covers child custody. The order dismissed the petition. Petitioner mother brought the current action, seeking to modify a September 2009 custody [...]

Plea Allocution: People v. Cornell 

By Daily Record Staff
POSTED: July 13, 2010
Tags: Appellate Division, Fourth Department, plea allocution, post-release supervision

Appellate Division, Fourth Department
Plea Allocution
Post-Release Supervision
People v. Cornell
KA 09-00714
Appealed from Chautauqua County Court
Background: At issue on appeal after a guilty plea to second-degree arson is whether the defendant was properly informed of the components of his sentence before he entered the plea. The defendant contended he was not informed that post-release supervision would be part [...]

Sentencing: People v. Bullock 

By Daily Record Staff
POSTED: July 13, 2010
Tags: absence of counsel, Appellate Division, Fourth Department, sentencing

Appellate Division, Fourth Department
Sentencing
Absence of Counsel
People v. Bullock
KA 09-00931
Appealed from Chautauqua County Court
Background: A defendant who pleaded guilty to aggravated assault on a police officer assigned as error on appeal the absence of his attorney at sentencing. At the time of pleading guilty, the judge said the defendant would receive 15 years’ incarceration, but a [...]

Child Neglect: Matter of Terrance M. 

By Daily Record Staff
POSTED: July 13, 2010
Tags: Appellate Division, child neglect, Fourth Department, termination

Appellate Division, Fourth Department
Child Neglect
Termination
Matter of Terrance M.
807
Appealed from Family Court, Monroe County
Background: The appeal is from an order by Judge Donofrio that terminated the parental rights of respondent Terrance M. Sr. and dismissed the petition of Charlotte S. for custody. The respondent father appeals from an amended order terminating his parental rights with respect [...]

Promissory Notes: Franklin Credit Management Corp. v. Wik 

By Daily Record Staff
POSTED: July 13, 2010
Tags: Appellate Division, collection procedure, Fourth Department, promissory notes

Appellate Division, Fourth Department
Promissory Notes
Collection Procedure
Franklin Credit Management Corp. v. Wik
793
Appealed from Supreme Court, Monroe County
Background: The appeal is from an order that granted the plaintiff a default judgment. The plaintiff commenced the action by serving a summons and complaint alleging the defendant breached his obligations under a promissory note. The defendant, a pro se [...]

Sentencing: People v. Roundtree 

By Daily Record Staff
POSTED: July 12, 2010
Tags: Appellate Division, Fourth Department, sentencing

Appellate Division, Fourth Department
Sentencing
People v. Roundtree
KA 06-03475
Appealed from Supreme Court, Monroe County
Background: The defendant was convicted after trial of second-degree murder and second- and third-degree criminal possession of a weapon. The trial judge imposed consecutive sentences, which the defendant challenged on appeal.
Ruling: The sentences are modified by imposing them to run concurrently. As the district [...]